Attorney Teitelbaum notes the infrequency with which statutory claims arise, and that CBAs often furnish the means for redress of matters also addressed by statute.… Read More »The state of external law’s effect on the arbitration process. 3. A commentary on the external law papers; 4. Panel discussion.
A brief history of the arbitration of statutory claims arising under an employment relationship – employment arbitration – is given as background to the question:… Read More »Invited papers: 1. Optimality theory and its implications for arbitral practice
The author presents the current thinking of arbitrators (52 respondents) on the conundrum of what to do when a CBA provision irreconcilably conflicts with external… Read More »The state of external law’s effect on the arbitration process. 1. External law in arbitration: hard-boiled, soft-boiled, and sunny-side up.
The authors posit that arbitrators must not apply external law unless the parties have granted them the authority to do so, and that advocates should… Read More »The state of external law’s effect on the arbitration process. 2. The role of external law in arbitration and judicial review
An examination of the standards for enforcing an employee’s waiver of the right to judicial resolution of employment disputes (in favor of arbitration). The validity… Read More »Unresolved arbitration issues in the non-union setting
Bill Usery is introduced and his career described, and his career is described. Secretary Usery then gives a brief history of labor arbitration in the… Read More »Distinguished Speaker: Arbitration in an evolving legal environment:A mediator’s perspective.
A history of judicial review of workplace arbitration, and a statistical survey of the rate of confirmation/vacatur of labor and employment arbitration awards. After an… Read More »Final and binding, but appealable to courts: Empirical evidence of judicial review of labor and employment arbitration awards
A description of the “mindset and methodology” employed by the drafters of the Revised Uniform Arbitration Act, the essential elements and public policies underlying the… Read More »The Revised Uniform Arbitration Act: Third leg of modern arbitration law
An examination of the arbitrator’s role in applying public statutes to determinations of just cause when those statutes have been incorporated by reference into the… Read More »The changing face of just cause:One standard or many? Overview
The author recommends that, when statute is cited in a just cause case, the arbitrator have the parties thoroughly address the statutory arguments, and that… Read More »The changing face of just cause:One standard or many? The union response